Wednesday, September 29, 2010

Cook Like Jackie reported last month on POM Wonderful's successful bid against Ocean Spray's labeling claims regarding its pomegranate juice products. Now it seems that POM Wonderful has a legal issue of its own to tackle. As part of its ongoing efforts to uncover over-hyped health claims in food advertising, the Federal Trade Commission has issued an administrative complaint charging the makers of POM Wonderful 100% Pomegranate Juice and POMx supplements with making false and unsubstantiated claims that their products will prevent or treat heart disease, prostate cancer, and erectile dysfunction.

The FTC complaint charges that POM Wonderful LLC, sister corporation Roll International Corp., and principals Stewart Resnick, Lynda Resnick, and Matthew Tupper violated federal law by making deceptive disease prevention and treatment claims. The ads in question appeared in national publications such as Parade, Fitness, The New York Times , and Prevention magazines; on Internet sites such as pomtruth.com, pomwonderful.com, and pompills.com; on bus stops and billboards; in newsletters to customers; and on tags attached to the product.

POM Wonderful Pomegranate Juice is widely available at grocery stores nationwide, and a 16 oz. bottle retails for approximately $3.99. POMx pills and liquid extract are sold via direct mail, with a one-month supply costing approximately $30.

The Director of the FTC's Bureau of Consumer Protection staunchly contested POM Wonderful's claims and the scientific data used to support them. "Any consumer who sees POM Wonderful products as a silver bullet against disease has been misled," said David Vladeck, Director of the FTC's Bureau of Consumer Protection. "When a company touts scientific research in its advertising, the research must squarely support the claims made. Contrary to POM Wonderful's advertising, the available scientific information does not prove that POM Juice or POMx effectively treats or prevents these illnesses."

"Prostate health. Prostate cancer is the most commonly diagnosed cancer among men in the United States and the second-leading cause of cancer death in men after lung cancer. Time pill. Stable levels of prostate-specific antigens (or PSA levels) are critical for men with prostate cancer. Patients with quick PSA doubling times are more likely to die from their cancer. According to a UCLA study of 46 men age 65 to 70 with advanced prostate cancer, drinking an 8 oz glass of POM Wonderful 100% Pomegranate Juice every day slowed their PSA doubling time by nearly 350%. ... 83% of those who participated in the study showed a significant decrease in their cancer regrowth rate."

"You have to be on pomegranate juice. You have a 50 percent chance of getting [prostate cancer]. Listen to me. It is the one thing that will keep your PSA normal. You have to drink pomegranate juice. There is nothing else we know of that will keep your PSA in check. … It's also 40 percent as effective as Viagra."

The FTC's administrative complaint against POM Wonderful alleges that these claims are false and unsubstantiated:

The FTC complaint alleges that POM Wonderful's heart disease claims are false and unsubstantiated because many of the scientific studies conducted by POM Wonderful did not show heart disease benefit from use of its products. It alleges that the prostate cancer claims are false and unsubstantiated because, among other reasons, the study POM Wonderful relied on was neither "blinded" nor controlled. Finally, it alleges that the erectile dysfunction claims are false and unsubstantiated because the study on which the company relied did not show that POM Juice was any more effective than a placebo.

The complaint sets forth a proposed order that would prevent future law violations by POM Wonderful. In part, the proposed order would require that future claims that any pomegranate-based product cures, prevents, treats, or reduces the risk of any disease not be misleading and comply with Food and Drug Administration regulations for the claim. Although FDA approval of health claims generally is not required for compliance with the FTC Act, the proposed order would require FDA pre-approval before POM Wonderful makes future claims that certain products prevent or treat serious diseases, in order to provide clearer guidance for the company, facilitate POM Wonderful's compliance with the proposed order, and make it easier to enforce. The complaint also proposes to prohibit the respondents from making any other health claim about any food, drug, or dietary supplement without competent and reliable scientific evidence.

In a related case, Mark Dreher, POM Wonderful's former head of scientific and regulatory affairs and expert endorser, has agreed to a settlement that bars him from making any disease treatment or prevention claims in advertising for a POM Wonderful product unless the claim is not misleading and comports with FDA requirements for the claim. The settlement also prohibits Dreher from making other health claims for a food, drug, or dietary supplement for human use without competent and reliable scientific evidence to support the claim. The settlement contains a cooperation clause and reporting provisions to assist the FTC in monitoring compliance with the order.

Copies of the POM Wonderful complaint and notice order, and of the Dreher complaint and consent agreement, are available from the FTC's website at http://www.ftc.gov and the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The Dreher consent agreement will be subject to public comment for 30 days, until October 27, 2010, after which the Commission will decide whether to make it final. Written comment should be sent to: FTC, Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. To file a public comment electronically, please click on the following hyperlink: https://ftcpublic.commentworks.com/ftc/markdreher.

Cook Like Jackie

Cook Like Jackie focuses on tools, tips and techniques for the aspiring gourmet.
Jacklyn is a culinarian who enjoys both the art and science of cooking. She also appreciates the beauty and creative possibilities that entertaining can achieve.
Unlike most children, Jacklyn grew up under the tutelage of a self-taught gourmet, affectionately referred to as "Nana". While other children watched cartoons all day, Nana ensured that Jacklyn and her other friends watched cooking shows such as World Class Cuisine with Ann-Marie Victory, Wok with Yan, Dom DeLuise and many of the other great chefs that broadcast television would feature. Her love and appreciation for cooking and for the many cuisines of the world was bolstered by frequent restaurant visits with her parents.
Jacklyn is a graduate of Princeton University and The University of Richmond School of Law. She enjoys shopping for kitchen implements and is a huge fan of All-Clad stainless steel cookware, Le Creuset dutch ovens and art deco style food posters. She is a freelance writerand experienced product demonstrator.